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New Year's Eve kidnap case nets 15 years for Enrique Cardona

Plea deal dismisses most charges

By Jenni Grubbs

Times Staff Writer

Posted:
08/16/2013 04:00:00 PM MDT

Enrique Cardona

Morgan County District Court Judge Douglas Vannoy, on Wednesday, sentenced Enrique Cardona, 54, Fort Morgan, to 15 years in prison for kidnapping and assaulting a Log Lane Village woman on New Year's Eve 2012.

"I understand the plea agreement is not entirely to the liking of the victim, but it does serve the interest of justice," Vannoy said, of the felony conviction for a crime of violence.

Under the deal, Cardona pleaded guilty to one count of felony second-degree kidnapping — using a deadly weapon, in exchange for dismissal of the other charges he had faced.

Those were felony second-degree assault — causing injury with a deadly weapon, felony stalking, felony menacing with a real/simulated weapon, felony possession of a weapon by a previous offender and three counts of being a habitual criminal.

"We come to a point with certain offenders — and you're one — where our best hope is containment," Vannoy said in sentencing him, calling the kidnapping "probably the most serious" of Cardona's now nine felony convictions.

Before Vannoy handed down the sentence, he heard from both lawyers, as well as the families of the victim and defendent and from Cardona.

Lawyers speak

Public Defender Greg Petner argued to Vannoy that Cardona needed mental health services due to severe depression and multiple past suicide attempts, including the cut he made to his own neck the day of the kidnapping. He asked the judge to impose the minimum sentence of 10 years.

Assistant D.A. Hollie Wilkinson argued that Cardona's documented history of stalking and pursuing the victim, April Heitschmidt, 39, prior to the kidnapping and assault warranted the maximum sentence of 15 years.

"She said, 'We're calling it quits,' but he just would not let it go," Wilkinson said.

She pointed out that the stalking ultimately led to Cardona in Heitschmidt's garage using a box cutter to force her to leave with him in her vehicle and then him cutting her with the weapon before cutting himself.

"The cut went through two layers of leather into her neck," the prosecutor said. "That coat probably saved her life."

Wilkinson said Heitschmidt's 911 call using a disconnected cell phone also was a factor in this outcome.

"But for that very intelligent decision she made, we may be in a very different situation," the prosecutor said.

Family members speak

Before he handed down the sentence, which wound up being the maximum under the deal, Vannoy also listened to what the victim's mother and Cardona's daughter had to say.

Linda Metzger said her daughter had been scared after she first found out Cardona had escaped from community corrections in December 2012.

"The impact it's had on April, emotionally, mentally, knowing he was out there, it was terrifying," she told the judge. "He escaped twice from that place. I just think he's done this over the years to lots of women. I'd like to see him get as much time as possible, and so would April."

Heitschmidt was in the courtroom, but chose not to speak.

One of Cardona's daughters, Heather Sanchez, spoke on her father's behalf.

"My father, yes, has a history of violence, but I'm glad he's admitted he needs help," she told Vannoy. "He has children, grandchildren. I would ask you impose the minimum sentence and help him get the mental help he needs."

She said she feared her father would not receive that type of help in prison and asked the judge have Cardona serve in a mental institution.

"He's not a horrible person," Sanchez said. "He just needs help."

Cardona speaks

For his part, a visibly crying Cardona apologized to Heitschmidt and tried to make peace between her family and his own.

"I ask that no matter what happens, I want my kids and April not to be enemies of each other," Cardona said. "I'm sorry April. That day was rough."

Sentencing

In sentencing Cardona, Vannoy pointed out that he previously had given Cardona a chance at rehabilitation by sending him to community corrections in a drugs-related case.

Cardona then escaped from community corrections while serving that sentence and wound up kidnapping and assaulting Heitschmidt, the judge said.

"I gave you that opportunity, and you squandered it," the judge told Cardona. "In 2011, you received your last best hope for rehabilitation from this court. I can't change you. Only you can do that."

Vannoy told Cardona that he had "harmed someone who cared about you with a deadly weapon. I'm not sure you appreciate the gravity of this situation."

The judge recognized that Cardona was showing remorse, but pointed out that Cardona previously had shown and received lighter sentences only to go out and offend again.

"This time, when you went off the deep end, you did so in grandiose fashion," Vannoy told Cardona. "This is not a small thing you did."

The judge gave Cardona credit for 257 days served, but he also ordered the sentence be served consecutive to an 18-month sentence Cardona previously received for escaping from community corrections. And Cardona would have to pay $491.50 plus yet-to-be-determined restitution to the victim.

Neither the prosecutor or defense attorney had any comment following the sentencing.

Log Lane Marshal Fred Cook, who investigated the case, said he was glad to see a resolution to the case.

"I'm glad it's over with," the marshal said. "I think it was a just sentence. It served the people, but it will let (Cardona) get out in time that if he gets the treatment he needs, it'll let him have a family life."